First Department recognized retroactive validation of a permit. In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid. (See CityLand’s extensive previous coverage here.) A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid. In 2011, … <Read More>
Search Results for: Article 78
Challenge to NYU Expansion Plan Overturned on Appeal
Coalition of local residents, Greenwich Village community organizations, and elected officials sought to prevent NYU’s development of two superblocks north of Houston Street. In 2012, the City Council voted to approve multiple actions to allow an expansion plan by New York University to develop two superblocks bounded by West 3rd Street, Houston Street, Mercer Street and LaGuardia place in Manhattan’s Greenwich Village. The project, projected to take 20 years to complete, would entail the construction … <Read More>
Reminder: CLE: Litigating With and Against the City of New York
Litigating With and Against the City of New York
Litigation against the City of New York presents unique challenges. This program offers insights into the practicalities of litigation against the City and warnings on how to avoid some of the major pitfalls. Panelists are among the most experienced lawyers handling cases with and against the City of New York.
WHEN:
Thursday, March 6, 2014, from 2:00 p.m. to 5:20 p.m.
WHERE:
New York Law School… <Read More>
Parking Facilities Ruled Exempt from Property Tax
Parking Lots associated with Greater Jamaica Development corporation challenged Finance’s withdrawal of tax exemption. Greater Jamaica Development Corporation and Jamaica First Parking, LLC, brought an article 78 petition against the Department of Finance and the New York City Tax Commission, challenging the City’s revocation of a charitable tax exemption for the public parking facilities they owned and operated. On appeal to the Appellate Division, Second Department, the court restored the tax exemption.
NYU’s Plan Partially Enjoined
State Supreme Court declares project sites to be dedicated park land; enjoins construction. On July 25, 2012, New York City Council voted to approve the NYU Expansion project (See previous CityLand coverage here). Petitioners, including State Assemblywoman Deborah Glick and more than 20 other individuals and organizations that reside or are located in the vicinity of the NYU Expansion, filed an article 78 petition challenging Council’s approval. In a 77-page opinion, State Supreme Court … <Read More>
Building’s Refusal to Permit Advertising Sign on Eagle Electric Building Upheld.
Eagle claimed huge sign visible from Queensboro Bridge was not an accessory sign. The Eagle Electric Manufacturing Company, in 1936, constructed a 1,950 square foot sign on the rooftop of its plant located at 23-10 Queens Plaza South, Queens. The plant is located in the M1-9/R9 Special Long Island City Mixed Use zoning district and within 200 feet of the Ed Koch Queensboro Bridge. Eagle ceased operations in 2000; the plant where the sign is … <Read More>